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HomeMy WebLinkAboutAgenda - 02-09-2006-5kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 9, 2006 Action Agenda Item No. ~~ SUBJECT: Legal Advertisement for Joint Quarterly Public Hearing -February 27, 2006 DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1) Proposed Legal Advertisement PUBLIC HEARING: (Y/N) No INFORMATION CONTACT: Craig Benedict, Planning Director, 245- 2592 Tom Altieri, Comprehensive Planning Supervisor, 245-2579 Robert Davis, Current Planning Supervisor, 245-2580 PURPOSE: To consider the legal advertisement (Attachment 1) for items to be presented at the Joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for February 27, 2006, BACKGROUND: The Board of County Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. The following items are proposed for consideration at the February 27, 2006 Joint Quarterly Public Hearing, A. SPECIAL USE PERMIT, CLASS A (BOCC Public Hearing) 1) SUP-A-1-06 Partnership Academy Alternative School for Orange County This public hearing is to meet the County's requirements for the public review of school sites and to receive public comments on the proposed Partnership Alternative School for Orange County located at the northeast intersection of NC Highway 86 and East Storey Lane, directly north of Stanback Middle School. The 20.8 acre tract is zoned Rural Residential (R- 1), located in Chapel Hill Township and is composed of one parcel identified by the Orange County Land Records Office as Parcel Identification Number 9872-79-0397. The proposed project is broken down into two phases: Phase I includes construction of a 3,600 square foot building and 19 parking spaces with adrop-off area and associated sidewalks, The building will consist of two classrooms, restrooms, and office space, A total of 50 students and five staff members are anticipated to occupy the building.. Access to the building will be provided from Storey Lane, A future building expansion area of 2,900 square feet is also included, Phase II will provide four tennis courts and a softball field as shown on the overall site plan, Phase II improvements are located in close proximity to the existing stadium and parking area for Stanback Middle School. B. ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE AMENDMENTS 1) Amendments to Orange County Educational Facilities Impact Fee Ordinance The Orange County Educational Facilities Impact Fee Ordinance, adopted in 1993 and amended in 1995, 1996, and 2001, needs further amendments to provide clarification and aid in administration of the Ordinance. Amendments to the following sections of the Ordinance are proposed: SECTION 2 -DEFINITIONS: Amend the definition of Dwelling Unit consistent with the State Building Cade and provide definitions and examples for the following terms: single family detached, all other residential types, and new residential dwelling unit, Pur ose: Section 2 -Definitions: The Educational Facilities Impact Fee Ordinance identifies two levels of impact fee in each school district based on the type of new residential dwelling unit, A "single family detached residential dwelling unit" is charged a higher fee than "all other residential types," Proposed amendments provide definitions and examples for the residential types to ensure that a fee payer is assessed at the proper rate. SECTION 4 -PUBLIC SCHOOL IMPACT FEE EXCEPTIONS Add an impact fee exception when a dwelling unit is moved to a new lot, Purpose: Section 4 -Public School Impact Fee Exceptions: Impact fees are not imposed on structures and buildings that existed on the effective date of the Orange County Educational Facilities Impact Fee Ordinance or that, if constructed or erected after the effective date of the Ordinance, have been determined in the Ordinance will not materially effect current levels of service of public school facilities. It is proposed to add to this class of buildings or structures a residential dwelling unit which is moved to a previously undeveloped lot and where the lot from which the moved residential dwelling unit was located and the lot to which the moved residential dwelling unit will be located are both in the same "public school benefit area," Two options are under consideration, The first option would require that the lot from which the residential dwelling unit is moved be extinguished as a residential dwelling lot, in effect, providing for the impact fee exemption to "non with the land," The second option would require that an impact fee be imposed on the lot from which the residential dwelling unit was moved if, in the future, another residential dwelling unit were located on that lot, in effect providing far the impact fee exemption to "run with the dwelling unit," C. ORANGE COUNTY COMPREHENSIVE PLAN, LAND USE ELEMENT (LUE) UPDATE 1) Draft Land Use Element Text (LUE) Update This is the second of a three-part public hearing process for the Comprehensive Plan, Land Use Element Update and is to present the draft LUE text update. The first public hearing was opened on November 21, 2005 to present "Policy Options for Residential Land Use Density". This Public Hearing will remain open until the third public hearing on May 22, 2006 is held to present Planning Staffs proposed LUE Future Land Use Map Changes and Zoning Text and Atlas amendments. The Land Use Element text: • Includes background information on existing conditions, including county population and land use characteristics; • Provides information on possible future land use and population conditions; • Identifies challenges related to growth and land use; • States goals and provides ideas and alternatives to reach goals; • Conveys the future land use patterns that are desired in the county to Orange County's residents and developers; and • Serves as guiding document for Planning Staff, Planning Board and County Commissioners to achieve the future land uses that are desired. The Land Use Element text is being updated to: • Incorporate 2000 US Census data; • Reflect new growth trends; • Revisit Goals, Objectives, and Policies; • Include new subdivision data; • Revisit Future Land Use Map categories and descriptions; • Achieve desired land uses and densities; and • Develop a more user friendly and understandable document. Following is a summary of the three-part public hearing process for the Land Use Element update: 1st Public Hearing, November 21, 2005 -Remains open and is on Policy Options for Residential Land Use Density in Watersheds; 2"d Public Hearing. February 27. 2006 - To introduce the draft Land Use Element text; and 3`d Public Hearing, May 22, 2006 - To introduce Future Land Use Map amendments and Zoning Text and Atlas amendments. The Board of Commissioners will hear public comments at all three public hearings on the Orange County Comprehensive Plan, Land Use Element Update before closing the public. hearings and referring all items to the Planning Board for their recommendation. Following a Planning Board recommendation on public hearing specific items, the BOCC will consider the amendments and make a final decision. FINANCIAL IMPACT: Other than advertising costs, there are no direct financial impacts associated with the approval of this item. RECOMMENDATION(S): The Administration recommends APPROVAL of the proposed February 27, 2006 Joint Quarterly Public Hearing legal advertisement. NOTICE OF JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD A joint public hearing will be held in the Judge F, Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday, February 27, 2006, at 7:30 PM for the purpose of giving all interested citizens an opportunity to speak for or against the following items and, with respect to the Special Use Permit item, to present evidence for or against, which evidence will farm the basis far the decision to grant the special use permit or not grant it: A. SPECIAL USE PERMIT, CLASS A (BOCC Public Hearing) 1) SUP-A-1-06 Partnership Academy Alternative School for Orange County Board of County Commissioners public hearing on the proposed Partnership Alternative School for Orange County located at the northeast intersection of NC Highway 86 and East Storey Lane directly north of Stanback Middle School. The 20,8 acre tract is zoned Rural Residential (R-1), located in Chapel Hill Township and composed of one parcel identified by the Orange County Land Records Office as Parcel Identification Number 9872-79-0397. The proposed project is broken down into two phases: Phase I includes construction of a 3,600 square foot building and 19 parking spaces with a drop-off area and associated sidewalks, The building will consist of two classrooms, restrooms, and office space, A total of 50 students and five staff members are anticipated to occupy the building, Access to the building will be provided from Storey Lane.. A future building expansion area of 2,900 square feet is also included. Phase II will provide four tennis courts and a softball field as shown on the overall site plan, Phase II improvements are located in close proximity to the existing stadium and parking area for Stanback Middle School. Purpose: The Orange County Zoning Ordinance allows the constnuction of "Schools: Elementary, Middle, and Secondary" in the Rural Residential (R-1) zoning district with the approval of a Class A Special Use Permit by the Board of County Commissioners, This public hearing is set to meet the requirements of public review of school sites and to receive public comments, B. ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE AMENDMENTS 1) Amendments to Orange County Educational Facilities Impact Fee Ordinance The Orange County Educational Facilities Impact Fee Ordinance was adopted in 1993 and amended in 1995, 1996, and 2001, Amendments to the following sections of the Ordinance are proposed: SECTION 2 -DEFINITIONS Amend the definition of Dwelling Unit consistent with the State Building Code and provide definitions and examples for the following terms: single family detached, all other residential types, and new residential dwelling unit, Purposes Section 2 -Definitions: The Educational Facilities Impact Fee Ordinance identifies two levels of impact fee in each school district based on the type of new residential dwelling unit, A "single family detached residential dwelling unit" is charged a higher fee than "all other residential types," Proposed amendments provide definitions and examples for the residential types to ensure that a fee payer is assessed at the proper rate, SECTION 4 -PUBLIC SCHOOL IMPACT FEE EXCEPTIONS Add an impact fee exception when a dwelling unit is moved to a new lat. Purpose: Section 4 -Public School Impact Fee Exceptions: Impact fees are not imposed on strictures and buildings that existed on the effective date of the Orange County Educational Facilities Impact Fee Ordinance or that, if constructed or erected after the effective date of the Ordinance, have been determined in the Ordinance will not materially effect current levels of service of public school facilities.. It is proposed to add to this class of buildings or structures a residential dwelling unit which is moved to a previously undeveloped lot and where the lot from which the moved residential dwelling unit was located and the lot to which the moved residential dwelling unit will be located are both in the same "public school benefit area." Two options are under consideration. The first option would require that the lot from which the residential dwelling unit is moved be extinguished as a residential dwelling lot, in effect, providing for the impact fee exemption to "run with the land." The second option would require that an impact fee be imposed on the lot from which the residential dwelling unit was moved if, in the fixture, another residential dwelling unit were located on that lot, in effect providing for the impact fee exemption to "run with the dwelling unit." C. ORANGE COUNTY COMPREHENSIVE PLAN, LAND USE ELEMENT UPDATE 1) Draft Land Use Element Text Update This is the second of a three-part public hearing process for the Comprehensive Plan, Land Use Element (LUE) Update and is to present the draft LUE text update. The first public hearing was opened on November 21, 2005 to present "Policy Options for Residential Land Use Density". This Public Hearing will remain open until the third public hearin on MaY 22. 2006 is held to present Planning Staffs proposed LUE Future Land Use Map Changes and Zoning Text and Atlas amendments, The Land Use Element text: • Includes background information on existing conditions, including county population and land use characteristics; • Provides information on possible future land use and population conditions; • Identifies challenges related to growth and land use; • States goals and provides ideas and alternatives to reach goals; • Conveys the future land use patterns that are desired in the county to Orange County's residents and developers; and • Serves as guiding document for Planning Staff, Planning Board and County Commissioners to achieve the future land uses that are desired. The Land Use Element text is being updated to: • Incorporate 2000 US Census data; • Reflect new growth trends; • Revisit Goals, Objectives, and Policies; • Include new subdivision data; • Revisit Future Land Use Map categories and descriptions; • Achieve desired land uses and densities; and • Develop a more user friendly and understandable document, Following is a summary of the three-part public hearing process for the Land Use Element update: 15f Public Hearinq, November 21.2005 -Remains open and is on Policy Options for Residential Land Use Density in Watersheds; 2°d Public Hearinq, February 27, 2006 - To introduce the draft Land Use Element text; and 3`d Public Hearing, May 22, 2006 - To introdtce Future Land Use Map amendments and Zoning Text and Atlas amendments. The Board of Commissioners will hear public comments at all three public hearings on the Orange County Comprehensive Plan, Land Use Element Update before closing the public hearings and referring all items to the Planning Board for their recommendation. Following a Planning Board 8 recommendation on public hearing specific items, the BOCC will consider the amendments and make a final decision. Purpose: Orange County's Land Use Element has not undergone a comprehensive update since it was originally adopted in 1981, It is necessary to update the data and other information contained in the Element in response to the changes that have occurred in the County over the last 24-years and growth challenges that have been identified in the areas of air and water quality, water resources, environmental protection, open space preservation, traffic control, and efficient provision of public services. Changes may be made in the advertised proposals that reflect debate, objections and discussion at the hearing. Accommodations for individuals with physical disabilities can be provided if the request is made to the Director of Planning at least 48 hours prior to the Public Hearing by calling the appropriate number listed below. The full text of the changes may be obtained after February 22, 2006 from the Planning Department. Also, the text may be obtained at the County website www.co.orange.nc.us at the Meeting Anendas link prior to the meeting. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306E Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions. PUBLISH: News of Orange Chapel Nill Herald February 15, 2006 February 15, 2006 February 22, 2006 February 22, 2006